Sunpreet Singh & ORS. v. The State Through Sho Ps Tilak Nagar & ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1361/2024 SUNPREET SINGH & ORS.
..... Petitioners Through:
Mr. Shri Ram Verma, Adv. with petitioners no. 2 & 3 in person and petitioner no. 4 through VC versus THE STATE THROUGH SHO PS TILAK NAGAR & ANR.
..... Respondent Through:
Mr. Raj Kumar, APP for State with SI Shweta PS Tilak Nagar Mr. Sat Pal Malik, Adv. for R2 with respondent no. 2
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 20.02.2024
O R D E R
CRL.M.A. 5398/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 1361/2024 3.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 569/2021 under Sections 498A/406/34 IPC registered at Police Station Tilak Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
5.
The petitioner no.1 (husband), petitioner nos. 2 & 4, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (wife) are present in the Court. The petitioner no. 4 has joined through VC. They have been identified by their respective counsel and by the Investigating Officer SI Shweta, PS Tilak Nagar.
6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 23.11.2017 according to Sikh Rites and Ceremonies. Out of the said wedlock, one male child, namely, Jasjot Singh was born.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 27.07.2019. The dispute between the parties also led to the registration of present FIR. 8.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 23.08.2023, which is annexed as Annexure P-2 to the present petition. 9.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.8,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 4,25,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 4,25,000/- shall be paid to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent no.2 at the time of recording of settlement of the parties at the stage of second motion petition.
10.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed subject to the payment of balance amount of Rs. 4,25,000/- at the recording of statement of the parties at the second motion.
11.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 569/2021 under Sections 498A/406/34 IPC registered at Police Station Tilak Nagar alongwith all other proceedings emanating therefrom, is quashed subject to the payment of balance amount of Rs. 4,25,000/- at the recording of statement of the parties at the second motion as noted above. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 20, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.